OpenMedia.ca has been working with a coalition of organizations to raise awareness about the federal government’s impending “Lawful Access” legislation – dubbed “Online Spying” by its critics. As part of this effort, OpenMedia.ca has launched the following documentary featuring Canada’s leading privacy experts explaining the dangers of the proposed legislation – namely, that these new electronic surveillance laws allow authorities to access the private information of any Canadian, at any time,without a warrant.

In CRTC 2011-601 issued on September 21, 2011 the CRTC issued their decision on a framework for media integration of large companies in Canada: the “vertical integration” hearings. According to the CRTC, vertical integration refers to “the ownership, by one entity, of both programming and distribution undertakings, or, both programming undertakings and production companies.” This has been a pressing issue especially as the integration of broadcasting-telecom-internet companies has been increasing in Canada, with the big 4 integrated companies (Bell, Shaw, Rogers and Quebecor) dominating the market. In their decision, CRTC Commissioner Konrad von Finckenstein wrote that

“Given the size of the Canadian market, there are benefits to integrating television programming and distribution services under the same corporate umbrella..At the same time, we felt that some safeguards were needed to prevent anti-competitive behaviour. In particular, Canadians shouldn’t be forced to buy a mobile device from a specific company or subscribe to its Internet service simply to access their favourite television programs.”http://crtc.gc.ca/eng/com100/2011/r110921.htm

The CRTC decision:

Prohibits companies from offering television programs on an exclusive basis solely to their mobile or Internet subscribers. Programs broadcast on television must be made available to other media company competitors under ‘fair and reasonable’ terms. This includes hockey games! And other live events.

Allows media companies to offer exclusive programming to their Internet or mobile customers if it is produced specifically for an Internet portal or a mobile device – and this can include extra programming including ‘behind-the-scenes’ clips.

Requires media companies to adopt a code of conduct in order to prevent anti-competitive behavior. This code will also ensure that all distributors, broadcasters and online programming services ‘negotiate in good faith’. When firms are in the process of negotiating, subscribers/users will be protected, and broadcaster must continue to offer the service to their subscribers.

Requires media companies to create measures so that independent distributors and broadcasters are treated fairly by the large integrated companies. 25% minimum of specialty services1distributed by large integrated companies must be owned by an independent broadcaster. Any new pay or specialty services launched by a broadcaster must be available upon request to all distributors as an individual service, even if commercial agreements have not yet been finalized.

Under the intense pressure of a 70,000+ signature petition, the government has omitted “Lawful Access” (Online Spying) bills from the larger omnibus crime legislation announced today.

Stop Online Spying is a campaign to stop Canadian ‘lawful access’ legislation that is due to be re-introduced into the Fall 2011 Parliament. Prime Minister Harper has pledged to pass through this legislation as part of an omnibus bill within 100 days of taking office – legislation that would allow for unprecedented online spying without a warrant. Bill C-51, Investigative Powers for the 21st Century Act would

…modernize certain offences in the Criminal Code (the Code) and the Competition Act to take into account new communications technol­ogies and to equip law enforcement agencies with new investigative tools that are adapted to computer crimes. To facilitate collaboration with foreign law enforcement agencies, the bill also amends the Mutual Legal Assistance in Criminal Matters Act. According to the Department of Justice, the new investigative powers within the proposed legislation give law enforcement agencies the ability to address organized crime and terrorism activities online by:

enabling police to identify all the network nodes and jurisdictions involved in the transmission of data and trace the communications back to a suspect. Judicial authorizations would be required to obtain transmission data, which provides information on the routing but does not include the content of a private communication;

requiring a telecommunications service provider to temporarily keep data so that it is not lost or deleted in the time it takes law enforcement agencies to return with a search warrant or production order to obtain it;

making it illegal to possess a computer virus for the purposes of committing an offence of mischief; and

enhancing international cooperation to help in investigating and prosecuting crime that goes beyond Canada’s borders.

The bill would make it mandatory for telecom providers, ISPs and search engines to monitor, store, retain and not disclose e-mail, Internet and telephone communications at the request of law and security officials. No warrant necessary……Seen in the context of the copyright wars, usage-based billing and vertical integration, the Investigative Powers has the potential of posing a great threat to personal privacy in the name of security. Each measure on its own chips away at the ideals of an open Internet. If left to stand, the combined force of all four measures could transform the Internet into one of the most regulated media spaces ever known.

The bill “will compel Internet service providers to disclose customer information to authorities without a court order. In other words—blunter words—law enforcement agencies will have a freer hand in spying on the private lives of Canadians.”

Blog columnist Dwayne Winseck of Carleton University has two posts that meticulously detail data on the Canadian media sector between 1984-2010. In a series of two columns Winseck examines the structure of the Canadian mediascape especially regarding concentration. In his first column (appearing August 23, 2011) he documents the size of the Canadian media economy, one that is the eighth largest globally. He details wireless and telecom growth, the broadcasting industry, and the newspaper industry. In his second column (appearing September 6, 2011), he investigates whether the internet and new media have become more concentrated. Winseck specifically looks at the network infrastructure industries (wireless and telecoms), the content industries, and online media. Conclusions?

Combining all of the segments of the network media (except wired and wireless because their size overshadows everything else), the big four’s share of the mediascape has risen steadily: Bell (CTV), Shaw (Global), Rogers (CityTV), QMI (TVA). In 1984, the big four accounted for 40 per cent of all revenues; in 2010, their share was 54 per cent – a far bigger slice of a much bigger pie.

Add these four massive media conglomerates with six other large but more specialized firms and you have the big ten companies at the core of the network media economy: Bell (CTV), Shaw (Global), Rogers (CityTV), QMI (TVA), CBC, Post Media, Cogeco, Astral, Telus and Torstar (see here). Their share of the total network media economy (excluding telecoms services) between 2000 and 2010 hovered steadily around 70-75 per cent – a substantial rise from 63 per cent in 1996, and further still from 53 per cent in 1984.

show a stunning willingness by senior Canadian officials to appease American demands for a U.S.-style copyright law here.

The documents describe Canadian officials as encouraging American lobbying efforts. They also cite cabinet minister Maxime Bernier raising the possibility of showing U.S. officials a draft bill before tabling it in Parliament.

The cables, from the U.S. Embassy in Ottawa, even have a policy director for then industry minister Tony Clement suggesting it might help U.S. demands for a tough copyright law if Canada were placed among the worst offenders on an international piracy watch list. Days later, the U.S. placed Canada alongside China and Russia on the list.

The Government’s ultimate goal is to create a culture of cyber-safety whereby Canadians are aware of both the threats and the measures they can take to ensure the safe use of cyberspace. Creating such awareness will require a sustained effort over a period of several years. The effort must start now.

The uproar over Sun TV’s bid to launch a conservative all-news channel may be dripping with cross-border Republican versus Democrat politics but, Liberal and NDP MPs insist, the fight over the proposal should be all about fair play and equal access under Canadian broadcasting rules.

OpenMedia.ca: ‘You’re Not Special’“The best way to stop political interference and special treatment for Fox News North,” said Steve Anderson, National Coordinator of OpenMedia.ca, “is for citizens to ensure their voices are heard during this proceeding. Someone must have unwisely told Teneycke and Quebecor that they deserve special privileges. We should all use the CRTC’s process to let them both know, you’re not special”